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STATE EX REL. UTILITIES COMM. v. ENVIRONMENTAL DEFENSE FUND

No. COA11-142.

716 S.E.2d 370 (2011)

STATE of North Carolina ex rel. UTILITIES COMMISSION, Duke Energy Carolinas, LLC, Greenco Solutions, Inc., North Carolina Municipal Power Agency Number 1, North Carolina Eastern Municipal Power Agency, Electricities of North Carolina, Inc., Progress Energy Carolinas, Inc., and The Public Staff of The North Carolina Utilities Commission, v. ENVIRONMENTAL DEFENSE FUND and North Carolina Sustainable Energy Association.

Court of Appeals of North Carolina.

August 2, 2011.

Attorney(s) appearing for the Case

K & L Gates LLP, Charlotte, by Kiran H. Mehta , and Molly L. McIntosh , and Duke Energy Corporation In House Counsel, Charles Alexander Castle , Charlotte, for plaintiff-appellees.

Southern Environmental Law Center, by Derb S. Carter and Gudrun Thompson , Chapel Hill , for intervenor-appellant.

North Carolina Sustainable Energy Association, Raleigh, by Kurt J. Olson , and Michael D. Youth , for defendant-appellant.

STEELMAN, Judge.

Where N.C. Gen.Stat. § 62-133.8(a)(6) includes "biomass resource," among the list of resources qualifying as "renewable energy resources," the North Carolina Utilities Commission did not err in determining that wood derived from whole trees in primary harvest is a "biomass resource" and thus a "renewable energy resource" within the meaning of the statute.

I. Factual and Procedural Background

North Carolina's Renewable...

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